Title Guaranty & Surety Co. v. Drennon, No. 12924.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtBland
Citation208 S.W. 474
PartiesTITLE GUARANTY & SURETY CO. v. DRENNON et al.
Docket NumberNo. 12924.
Decision Date02 December 1918
208 S.W. 474
TITLE GUARANTY & SURETY CO.
v.
DRENNON et al.
No. 12924.
Kansas City Court of Appeals. Missouri.
December 2, 1918.

Appeal from Circuit Court, Jackson County; O. A. Lucas, Judge.

"Not to be officially published."

[208 S.W. 475]

Action by the Title Guaranty & Surety Company, a corporation, against William M. Drennon and others, a partnership doing business under the firm name and style of Drennon, Shafer & Co. Judgment for defendants, and plaintiff appeals. Reversed and remanded.

Wendell H. Cloud, of Kansas City, for appellant.

L. O. Boyle and A. E. Watson, both of Kansas City, for respondents.

BLAND, J.


This is an action for damages for an alleged violation of instructions given, by plaintiff to defendants while the latter were acting as agents for plaintiff in selling and executing indemnity bonds. This is the second appeal in the case. See Guaranty & Surety Co. v. Drennan, 181 Mo. App. 198, 167 S. IV. 1181. In that appeal this court refused to disturb the action of the trial court in granting a new trial on the ground that the judgment was against the weight of the evidence. This last trial was before the court without the aid of a jury. The court rendered judgment in favor of the defendants, and plaintiff has appealed.

The case was tried in division No. 2 of the circuit court of Jackson county, Mo., at Kansas City. The trial took place at the September term, 1914, of said court. At the close of the evidence the case was taken under advisement with permission to counsel for plaintiff to examine and make exceptions to a certain deposition. It was suggested that counsel appear before the court on October 5, 1914, for that purpose. On that day plaintiff's counsel filed a motion for a continuance. Nothing further was done in the case until the January term, 1915, of said court, when judgment was rendered in favor of defendants. No motions for a new trial or in arrest of judgment were filed, but the court on its own motion, at the same term, set aside this judgment and made the following order:

"Wherefore it is ordered and adjudged by the court that the judgment heretofore entered in this case be, and the same is hereby, set aside and for naught held, and said case is hereby reinstated on the general docket." (Italics ours.)

Nothing further was done in the case until the May term, 1915, of the court, when notice was served by defendants upon plaintiff to appear for the purpose of taking up for disposition the motion far continuance, filed October 5, 1914. In response to this notice counsel for both parties appeared,, and without objecting to the jurisdiction of the court were heard, and the court overruled plaintiff's motion for continuance, to which action plaintiff excepted. Thereupon, without hearing any further evidence, the court again entered judgment in favor of defendants.

Plaintiff urges that the court was without jurisdiction to enter the judgment appealed from for the reason that the order made at the January term, 1915, setting aside the judgment and reinstating the cause on the general docket, that is, transferring it to the assignment division, deprived the court of further jurisdiction of the cause.

The circuit court of Jackson county is composed of nine divisions, each presided over by its own judge; each judge, except as restrained by certain rules, acting as a circuit court and exercising the full power and authority of a circuit court presided over by a sole circuit judge. That court business may be expedited and orderly administration had, the statute (sections 3968-3976, R. S. 1909) authorizes such judges, acting in banc, to pass certain rules and regulations in addition to the rules and regulations which may be adopted by the circuit court generally. In pursuance of this power, the court, in banc, provided that at stated periods one of the divisions should be designated as the assignment division, to be presided over by, the judge of that division. Each judge of the circuit court of Jackson county, Mo.,...

To continue reading

Request your trial
14 practice notes
  • Allen v. Bagley and F. & H. Sav. & L. Assn., No. 19446.
    • United States
    • Court of Appeal of Missouri (US)
    • 30 Octubre 1939
    ...rel. Chandler v. Allen, 235 Mo. 298, 138 S.W. 339; Fenn v. Reber, 153 Mo. App. 219, 132 S.W. 627; Title Guaranty & Surety Co. v. Drennon, 208 S.W. 474; Fox-Miller Grain Co. v. Stephans, 217 S.W. 994; Dorton v. K.C. Rys. Co., 204 Mo. App. 262, 224 S.W. 30; Cole v. Norton, 251 S.W. 723; Case ......
  • Hirsch v. Hirsch, No. 15409.
    • United States
    • Court of Appeal of Missouri (US)
    • 15 Junio 1925
    ...other judges as he does from the circuit court held in any other circuit in the state. Title Guaranty & Surety Co. v. Drennon (Mo. App.) 208 S. W. 474, 475; Voullaire v. Voullaire, 45 Mo. 607; Haehl v. Wabash Ry. Co., 119 Mo. 325, 337, 24 S. W. 737; Goddard to Use v. Delany, 181 Mo. 564, 58......
  • State v. Guinotte, No. 15422.
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Marzo 1926
    ...that purpose. 1. Black on Judgments (2d Ed.) § 288; 34 C. J. 225; Ex parte Fish, 184 S. W. 479; Title Guaranty Co. v. Drennon (Mo. App.) 208 S. W. 474; Engler v. Knoblaugh, supra, 110 S. W. 16, 131 Mo. App. loc. cit. 495. However, prohibition in this connection is held to be 282 S.W. 71 dir......
  • Cole v. Norton, No. 14733.
    • United States
    • Missouri Court of Appeals
    • 21 Mayo 1923
    ...other judges as he does from the circuit court held in any other circuit in the state. Title Guaranty & Surety Co. v. Drennon (Mo. App.) 208 S. W. 474, 475; Voullaire v. Voullaire, 45 Mo. 607; Haehl v. Wabash Ry. Co., 119 Mo. 325, 337, 24 S. W. 737; Goddard to Use v. Delany, 181 Mo. 564, 58......
  • Request a trial to view additional results
14 cases
  • Allen v. Bagley and F. & H. Sav. & L. Assn., No. 19446.
    • United States
    • Court of Appeal of Missouri (US)
    • 30 Octubre 1939
    ...rel. Chandler v. Allen, 235 Mo. 298, 138 S.W. 339; Fenn v. Reber, 153 Mo. App. 219, 132 S.W. 627; Title Guaranty & Surety Co. v. Drennon, 208 S.W. 474; Fox-Miller Grain Co. v. Stephans, 217 S.W. 994; Dorton v. K.C. Rys. Co., 204 Mo. App. 262, 224 S.W. 30; Cole v. Norton, 251 S.W. 723; Case ......
  • Hirsch v. Hirsch, No. 15409.
    • United States
    • Court of Appeal of Missouri (US)
    • 15 Junio 1925
    ...other judges as he does from the circuit court held in any other circuit in the state. Title Guaranty & Surety Co. v. Drennon (Mo. App.) 208 S. W. 474, 475; Voullaire v. Voullaire, 45 Mo. 607; Haehl v. Wabash Ry. Co., 119 Mo. 325, 337, 24 S. W. 737; Goddard to Use v. Delany, 181 Mo. 564, 58......
  • State v. Guinotte, No. 15422.
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Marzo 1926
    ...that purpose. 1. Black on Judgments (2d Ed.) § 288; 34 C. J. 225; Ex parte Fish, 184 S. W. 479; Title Guaranty Co. v. Drennon (Mo. App.) 208 S. W. 474; Engler v. Knoblaugh, supra, 110 S. W. 16, 131 Mo. App. loc. cit. 495. However, prohibition in this connection is held to be 282 S.W. 71 dir......
  • Cole v. Norton, No. 14733.
    • United States
    • Missouri Court of Appeals
    • 21 Mayo 1923
    ...other judges as he does from the circuit court held in any other circuit in the state. Title Guaranty & Surety Co. v. Drennon (Mo. App.) 208 S. W. 474, 475; Voullaire v. Voullaire, 45 Mo. 607; Haehl v. Wabash Ry. Co., 119 Mo. 325, 337, 24 S. W. 737; Goddard to Use v. Delany, 181 Mo. 564, 58......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT